Madras High Court
Vengadesh vs Subashini on 17 November, 2021
C.M.A.No.1274 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.1274 of 2021
and C.M.P. No.6542 of 2021
Vengadesh ... Appellant
vs
Subashini ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984 against the fair and decretal order dated 11.09.2020
made in H.M.O.P. No.150 of 2019 passed by the Family Court, Cuddalore.
For Appellant : Mr.P.Muthamizh Selvakumar
For Respondent : No appearance
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
This appeal has been directed against the impugned decree and
judgment dated 11.09.2020 passed by the Family Court, Cuddalore in
H.M.O.P. No.150 of 2019.
2.Learned counsel appearing for the appellant submitted that the
marriage between the appellant and the respondent was performed on
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C.M.A.No.1274 of 2021
12.12.2010 at Murugalaya Thirumana Mandapam at Koothapakkam,
Cuddalore with the blessings of the elders, friends and relatives of both
the families, as per Hindu rites and customs. In the year 2017, due to
some matrimonial disputes between the appellant and the respondent, the
respondent filed H.M.O.P. No.68 of 2017, which was re-numbered as
H.M.O.P. No.150 of 2019, under Section 13(1)(i-a) of the Hindu Marriage
Act seeking dissolution of marriage along with I.A. No.278 of 2020
seeking a direction to the appellant to pay permanent alimony of
Rs.30,00,000/- to the respondent. Accepting the case of the respondent,
the Family Court, Cuddalore, has granted the decree for divorce on
11.09.2020 and directed the appellant to pay a sum of Rs.10,00,000/- to
the respondent towards permanent alimony. Disagreeing with the decree
granted in favour of the respondent, the appellant has brought this appeal.
3.It is seen from records that though notice has been served on the
respondent through e-mail, courier, whatsapp and speed post and her
name has also been printed in the cause list, there is no representation on
her behalf either through person or through counsel. Therefore, service on
the respondent is completed.
4.As ordered by this Court on 10.11.2021, the learned counsel
appearing for the appellant has filed additional affidavit and additional
typed set of papers dated 17.11.2021 showing that the respondent got
married one Mr.Arun on 25.01.2021 at Devanathasamy Temple,
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C.M.A.No.1274 of 2021
Thiruvanthipuram, Cuddalore District.
5.A perusal of the additional typed set of papers, containing copy of
the marriage invitation, marriage photographs and marriage certificate of
the respondent would show that she married one Mr.Arun on 25.01.2021;
the said marriage was solemnised at Devenathasamy Temple,
Thiruvanthipuram, Cuddalore District; the reception of the marriage was
held at Vanniyar Marriage Hall, Thirupathiripuliyur, Cuddalore District;
and the same was registered on 11.02.2021, vide Registration
No.19112/25.01.2021, website: www.devanathaswamytemple.org,
E.mail:[email protected] with official seal by the Executive
Officer.
6.It could be further seen from records that the Family Court,
Cuddalore, by judgment and decree dated 11.09.2020, on considering the
entire oral and documentary evidence placed before it, allowing the
H.M.O.P. No.150 of 2019 and I.A. No.278 of 2020, has granted divorce in
favour of the respondent, dissolving the marriage held on 12.12.2010
between the appellant and the respondent and directed the appellant to
pay a sum of Rs.10,00,000/- to the respondent towards permanent
alimony.
7.It is also seen that this Court, on 07.04.2021, has granted an
order of interim stay of permanent alimony to the tune of Rs.10,00,000/-.
In this regard, it is relevant to refer to Section 25(3) of the Hindu
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C.M.A.No.1274 of 2021
Marriage Act, 1955 as under:
'If the Court is satisfied that the party in whose favour an
order has been made under this Section has re-married or, if
such party is the wife, that she has not remained chaste, or, if
such party is the husband, that he has had sexual intercourse
with any woman outside wedlock, it may at the instance of the
other party vary, modify or rescind any such order in such
manner as the Court may deem just.'
8.A perusal of the above provision clearly shows that the party, in
whose favour an order has been made under this Section has re-married,
the order granting permanent alimony can be modified or rescinded in
such manner as the Court may deem fit.
9.In the present case, since the respondent has contracted her
second marriage on 25.01.2021, which could be seen from the marriage
invitation, photographs and marriage certificate of the respondent, we are
of the view that the relief of permanent alimony cannot be granted in
favour of the respondent. In view of the same, we are inclined to set aside
the impugned order passed with regard to the permanent alimony and the
same is set aside.
10.As the respondent had contracted her second marriage on
25.01.2021 even before the order of interim stay dated 07.04.2021
granted by this Court and after the decree and judgment dated 11.09.2020
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C.M.A.No.1274 of 2021
passed by the Family Court, Cuddalore, we could presume that the second
marriage contracted by her is a valid one and therefore, we are unable to
set aside the grant of divorce granted by the Family Court, Cuddalore.
Accordingly, this appeal stands disposed of. Consequently, C.M.P. No.6542
of 2021 is closed. No costs.
[T.R.,J.] [D.B.C.,J.]
17.11.2021
vga
Index: Yes/No
Speaking/Non speaking order
To
1.The Family Court, Chennai.
2.The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1274 of 2021
T.RAJA,J.
and
D.BHARATHA CHAKRAVARTHY,J.
vga
C.M.A.No.1274 of 2021
and C.M.P. No.6542 of 2021
17.11.2021
https://www.mhc.tn.gov.in/judis
